State v. Department of Public Works of State of Washington

• Decision Date: 19 March 1924
• Docket Number: 18270.
• Citation: 129 Wash. 5,223 P. 1048
• Court: Washington Supreme Court
• Parties: STATE ex rel. UNITED AUTO TRANSP. CO. v. DEPARTMENT OF PUBLIC WORKS OF STATE OF WASHINGTON et al.

223 P. 1048

129 Wash. 5

STATE ex rel. UNITED AUTO TRANSP. CO. v. DEPARTMENT OF PUBLIC WORKS OF STATE OF WASHINGTON et al.

No. 18270.

Supreme Court of Washington

March 19, 1924

Department 2.

Appeal from Superior Court, Thurston County; Wilson, Judge.

Applications by the United Auto Transportation Company, and the City Transportation Company for certificates of necessity authorizing the transportation by automobile of passengers over certain routes. From an order of the department of public works, granting the certificate to the last-named applicant, the first-named appeals. Affirmed.

Hugo Metzler and Ellis, Fletcher & Evans, all of Tacoma, for appellant.

Homer T. Bone and Scott Z. Henderson, both of Tacoma, for respondents.

BRIDGES J.

The question involved here is, Which of two automobile transportation companies shall be permitted to serve the government reconstruction hospital in its connection with the city of Tacoma?

Long prior to the institution of this proceeding the department of public works had issued to the appellant a certificate of necessity, authorizing it to carry passengers between Camp Lawis and the city of Tacoma and intermediate points in Pierce County. For that purpose it was authorized to use the Pacific Highway. At all times since then it has operated and does now operate under this authority. Also long prior to the commencement of this proceeding the respondent was given a like certificate of necessity for the carrying of passengers between the city of Tacoma and the town of Steilacoom and intermediate points, including the Western Washington hospital for the insane, using the Steilacoom Highway for that purpose. Recently each of these companies made application to the department of public works for a certificate of necessity in connection with the reconstruction hispital now under construction by the United States government. The certificate was granted to the respondent. Upon hearing in the superior court the department's order was affirmed, and an appeal has brought the matter here.

The Camp Lewis reservation contains some 70,000 acres of land. The reconstruction hospital is being erected within this reservation at a point about halfway between Camp Lewis on the south and the town of Steilacoom on the north. In order that either of the appellants may serve the new hospital, it must obtain permission to use certain of the road lying between the Pacific Highway on the south and the Steilacoom Highway on the north. It is unnecessary to here undertake to describe these roads. The department of public works found among other things, that the respondent was the first to make application for a certificate of necessity in connection with the reconstruction hospital, and that everything else being equal it would on that account be entitled to a certifiate that it has amply sufficient equipment to perform the additional service; and that, if it were given a certificate, it alone could serve the business going between the reconstruction hospital and the state hospital for the insane, which latter is on the Steilacoom Highway; that it is in as good a position and condition to perform the services required as is the appellant; that the appellant also has ample equipment for the service. The department further found that----

'Notwithstanding the fact that it would be possible

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